MARITAL MONEY

In Mahoney-Buntzman v. Buntzman , Mrs. B sought to recoup money spent by Mr. B during the course of the couple's marriage.

Although the Westchester Supreme Court granted Mrs. B a divorce based on abandonment, after she was denied a credit for a stock sale, half of the maintenance fees paid to Mr. B's first wife, and, half of his student loans, she appealed to the Appellate Division, Second Department, which awarded relief in her favor.

Because the child support payments didn't inure to the benefit of any one spouse, our state's highest court was of the view the monies weren't a recoupable expenditure, particularly since both parties regularly used marital assets to assist relatives.

And, since an advanced degree would have conferred an "economic benefit" to the marriage, the New York State Court of Appeals saw the student loan as a marital obligation.

Finally, as to a $1.8M stock sale reported to tax authorities as "self-employment business income," the AD1 wouldn't allow the parties to assert a position which was contrary to that taken in their tax documents. ("We cannot, as a matter of policy, permit parties to assert positions in legal proceedings that are contrary to the declarations made under perjury on income tax returns.")

How do you spell, "AUDIT?"